Ashiq Hussain Dar And Ors vs Atul Duloo And Ors
2021 Latest Caselaw 1490 j&K/2

                                                     S. No. 147
                                                     Suppl.-1 Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
               AT SRINAGAR

                                                      CM No. 7666/2021
                                                 In CCP(S) No. 210/2020


Ashiq Hussain Dar and Ors.                                  .....Petitioner(s)

                         Through: Mr Altaf Haqani, Sr. Advocate with
                                  Mr. Asif Wani, Advocate
      V/s
Atul Duloo and Ors.                                    ..... Respondent(s)

                         Through: Mr. Shah Aamir, AAG
CORAM:
     HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                ORDER

23.11.2021

This Court vide order dated 27.09.2021 on the submission made by learned senior counsel appearing for petitioners that the Treasury Officer, Sumbal, has although honoured the bills for drawl of salary in favour of the petitioners, but the GP Fund Account numbers of the petitioners have not been activated so as to enable the petitioners to contribute towards their GP Fund Accounts. It was further submitted by the learned senior counsel appearing that during the time when the salary of the petitioners remained withheld from January 2018, the recommendations of the 7th Pay Commission became applicable in the Union Territory of Jammu and Kashmir, therefore, the respondents were required to release the salary in favour of petitioners as per the 7 th Pay Commission recommendations. The respondents were asked to respond to the non-activation of GP Fund Account numbers of the petitioners as well as release of salary as per the recommendations of 7 th Pay Commission, but no response has been filed by the respondents so far.

Learned senior counsel appearing for the petitioners has also made an application bearing CM no. 7666/2021, wherein it is stated that despite the judgment of this Court, the respondents have chosen not to release the entire arrears of salary of the petitioners from January 2018 till date, but have released the salary only for the period of 8 months that too, at the minimum of the pay scale. It is further stated that the respondents have not allowed the release of arrears in terms of 7 th Pay Commission recommendations. It is also stated that the respondents are committing contempt of the orders of this Court.

Mr. Shah Aamir, learned AAG is directed to file a detailed response within a week's time with regard to (i) non-activation of GP Fund Accounts (ii) release of all the arrears of salary and (iii) release of arrears of salary as per 7th Pay Commission recommendations. In the event, response is not filed within the above stipulated period, the respondents shall remain present in person before this Court on the next date of hearing.

List on 07.12.2021.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 23.11.2021 "Manzoor"

MANZOOR UL HASSAN DAR 2021.11.24 10:09